BETH ISRAEL MEDICAL CENTER v. DEPARTMENT OF HEALTH OF THE STATE OF NEW YORK


18 A.D.3d 367 (2005)

796 N.Y.S.2d 52

BETH ISRAEL MEDICAL CENTER et al., Appellants, v. DEPARTMENT OF HEALTH OF THE STATE OF NEW YORK et al., Respondents, and EXCELLUS HEALTH PLAN, INC., Doing Business as BLUE CROSS AND BLUE SHIELD OF CENTRAL NEW YORK, et al., Intervenors-Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 26, 2005.


Supreme Court correctly found the petition time-barred, notwithstanding the duration of some of petitioners' administrative appeals. We note initially that, according to petitioners' pleadings, 59 of petitioner hospitals never filed an administrative appeal, and virtually all of the appeals for the 1992 and 1993 rate years were decided more than four months prior to commencement of this litigation. In any event, Supreme Court properly found that the purported appeals were...

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